Washington, DC—The Dietary Supplement Listing Act of 2024 proposed by U.S. Senate Majority Whip Dick Durbin (D-IL), which would require dietary supplement manufacturers to list their products with the Food and Drug Administration (FDA), is "misguided and unnecessary." That's the word from Daniel Fabricant, Ph.D., President and CEO of the Natural Products Association (NPA).

As WholeFoods Magazine has reported, if the legislation passes, companies would have to provide FDA with product names, a list of all ingredients, an electronic copy of the label, allergen statements, health and structure/function claims, and more. This information would be available to the public through an electronic database. Sen. Durbin contends that this is necessary to ensure FDA has  "the much-needed information to properly understand or oversee the market" that has grown from 4,000 dietary supplements marketed in the U.S. (with annual sales of $4 billion) since DSHEA was passed in 1994 to estimates of more than 100,000 products on the market today (with annual sales of $50 billion).

Background: Durbin Introduces Dietary Supplement Listing Act of 2024


NPA points out that the push to require mandatory product listing (MPL) is controversial and has faced bipartisan opposition that led to its rejection in 2022. NPA worked to defeat previous attempts by Sen. Durbin and others to attach a similar proposal first to FDA user fee legislation and then to an omnibus government funding bill without any hearings or public debate. NPA's efforts over several years include calling on industry to advocate. NPA reports that, through its grassroots network urging industry members to to contact their members of Congress, more than 85,000 emails were sent to Congress in opposition. 

 Background: NPA to FDA: Focus on the Basics
NPA: Durbin/Pallone Bill Would Grant FDA Authority to Prohibit the Marketing of Products


“NPA remains deeply concerned with this misguided and unnecessary approach to dietary supplements, which are safe and heavily regulated," said Dr. Fabricant. "This proposal has been rejected repeatedly because it’s bad for consumers and bad for American manufacturers and retailers and it should be rejected again. We were hoping to have a productive discussion with the Senator and his team, but evidently they are not interested in that and only scoring political points.

"The FDA already has access to information regarding who is making dietary supplements, what products are made at which facilities, when new ingredients are introduced into commerce, and whether any products are associated with serious adverse events. This old proposal will hurt consumers and needlessly damage the industry as it mirrors over-the-counter premarket drug regulations and is more stringent than current regulations, including the NDI provision which is a notification rather than a pre-market approval. This bill is entirely at odds with the current regime which has delivered world-class consumer safety and broad access to important nutritional supplements for over a generation.”

NPA called Sen. Durbin's July 29 introduction of the legislation "especially curious, as Sen. Durbin and his staff were scheduled to visit an NPA member company for a facility tour and discussion just one week ago. On the eve of the visit, the Senator’s team cancelled the meeting without explanation."

What do other industry groups think of the Dietary Supplement Listing Act of 2024? Read comments from CRN, AHPA, and CHPA here.


Related: DSHEA at 30—Where’s our grassroots army?